SEWA NAND Vs. SURAT RAM

JUDGEMENT

(1.) The suit of the plaintiff was decreed by the trial Court i.e. Sub -Judge (IV), Shimla by judgment dated 17th of April, 1990 and a decree was passed restraining the defendants from interfering with his possession in the suit land comprised in Khewat No. 4 min, Khatauni No. 5, Kitas 11, measuring 30 Bighas and 3 Biswas situated at Mauza Bashalari, Tehsil Suni, District Shimla, hereinafter to be called "the land in dispute".

(2.) The defendants went up in appeal and the same has been dismissed by the District Judge, Shimla by his judgment dated 19th of August, 1992. Hence, the present second appeal.

(3.) The plaintiff filed the suit for permanent prohibitory injunction for restraining the defendants from interfering in his possession over the land in dispute on t he pleadings that he was in exclusive possession of the same continuously from the time of his ancestors for the last more than 35 years. It was alleged that the plaintiff as well as his predecessors -in -interest have been recorded as sub -tenants of the same since the year 1952 -53. It is further alleged that the status of sub -tenants was wrongly deleted from the revenue record. Per force the plaintiff applied for the correction of the same to the revenue authorities. The same was still pending before the revenue officer. In the meantime, the defendants filed an appeal which was dismissed by the Collector, Shimla. Mutation of ownership rights was set -aside by the Collector in appeal. Thereafter, the defendants forcibly attempted to dispossess him from the land in dispute which necessitated proceedings under Section 145 of the Cr. P.C. The same were also decided in favour of the plaintiff. It was pleaded that being the sub -tenant, the plaintiff had acquired ownership rights by virtue of Section 104 of the H.P. Land Reforms and Tenancy Act. Since the defendants did not desist from interfering in his peaceful possession, he had to file the suit.